Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL / CHAPTER 7. The Mode of Trial
California Codes

Cal. Penal Code § 1042.5 (2026)

✓ current as of May 2026
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Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for which there is a right to jury trial and a jury trial is not waived, the court may order that the offenses be tried together by jury or that they be tried separately with the infraction being tried by the court either in the same proceeding or a separate proceeding as may be appropriate.

Notes of Decisions
Cited in 6 cases, 1978–2018 · leading case: People v. Walker, 237 Cal. App. 4th 111 (Cal. Ct. App. 2015).
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People v. Walker, 237 Cal. App. 4th 111 (Cal. Ct. App. 2015). · cites it 2× “6), when the infraction is accompanied by a felony or misdemeanor charge and a jury trial is not waived, the court may order all offenses tried together (Pen. Code, § 1042.5). 2 In any event, a jury may find a defendant “guilty of any offense, the commission of which is…”
People v. Sava, 190 Cal. App. 3d 935 (Cal. Ct. App. 1987). · cites it 2× “(Pen. Code, § 1042.5.) 2 As Presiding Judge Holmes observed in his concurrence in Battle , the underlying purpose of Penal Code section 1042.”
People v. DiSandro, 186 Cal. App. 4th 593 (Cal. Ct. App. 2010). “” (Pen. Code, § 1042.5.) A person charged with a Vehicle Code infraction does have a statutory right to be present and to confront and cross-examine witnesses.”
People v. Bowden, 86 Cal. App. Supp. 3d 1 (Cal. App. Dep’t Super. Ct. 1978). · cites it 2× “) Penal Code section 1042.5 states: “Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for which there is a right to jury trial and a juiy trial is not waived, the court may order that the offenses be…”
People v. Sekhon, 237 Cal. Rptr. 3d 589 (Cal. Super. Ct. 2018). “" ( Pen. Code, § 1042.5.) A person charged with a Vehicle Code infraction does have a statutory right to be present and to confront and cross-examine witnesses.”
People v. Sekhon (Cal. Ct. App. 2018). “" (Pen. Code, § 1042.5.) A person charged with a Vehicle Code infraction does have a statutory right to be present and to confront and cross-examine witnesses.”
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